← All EvidenceCharge ConferencePreliminary Penalty-Phase Instructions: Aggravating and Mitigating Factors
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Sand's proposed instruction
Weinreb described the proposed instruction as explaining the distinctions and sequence among threshold, statutory, and non-statutory aggravating factors. He said both parties had previously agreed it could be given largely verbatim and opposed removing that material from the preliminary instructions.
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Weinreb favored the proposed instruction as an explanation of the jury's penalty-phase task and the sequence of aggravating-factor findings.